Is dismissal fair for a first sexual harassment offence?

Yes, proven sexual harassment is serious enough to justify dismissal for a first offence in most cases.

What if the complainant does not want a formal hearing?

The employer still has a legal duty to investigate and act; the complainant's wishes should be considered but do not remove the duty.

Misconduct · Charge Sheet Template

Sexual Harassment — Code of Good Practice on Harassment Charge Sheet & Hearing Pack

Charge sheet and hearing pack for workplace sexual harassment under the Code of Good Practice on the Prevention and Elimination of Harassment.

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Step 1 · Offence & Statutory Guardrail Intake

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Offence

2025 Code Offence Guide & Sanction Rule — Sexual Harassment — Code of Good Practice on Harassment

What must be proven: Take the complaint seriously and protect the complainant from retaliation; Appoint an impartial, trained chairperson.

First-offence guideline: Proven sexual harassment ordinarily justifies dismissal even for a first offence because of its seriousness and the employer's duty to protect employees. Handle the complainant's evidence sensitively and confidentially.

Recommended action mode: Formal Hearing Pack — this offence can justify dismissal for a first offence, so a hearing protects the process.

Example wording: It is alleged that on or about 15 January 2026, at the workplace, you sexually harassed the complainant in that you as will be set out in evidence at the hearing, conduct of a sexual nature that was unwanted and impaired dignity, contrary to the Code of Good Practice on the Prevention and Elimination of Harassment.

Manager's raw incident notes

Or pick the closest symptom — we configure the charge, alternative and action mode:

Company nameEmployee full name13-digit SA ID numberJob titleGross monthly salary (ZAR)Engagement start date

Incident dateIncident timeLocationSupervisor / Manager name & role

Formal allegation (appears on the charge sheet)

Include Legal Alternative Charge on Charge Sheet

No automatic alternative for this offence. Do not add an unsupported allegation.

Prior warnings on file

None recorded.

Proposed hearing date & time (SAST)Hearing venueChairperson nameInitiator (employer representative)

Employee is a shift/weekend worker (allow weekend hearing times)Include Precautionary Suspension Notice (On Full Remuneration Pending Hearing — LRA s186(2)(b))

Understanding this offence: Sexual Harassment — Code of Good Practice on Harassment

Employment Equity Act 55 of 1998; Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace; LRA 66 of 1995.

Standard charge formulation

It is alleged that on or about 15 January 2026, at the workplace, you sexually harassed the complainant in that you as will be set out in evidence at the hearing, conduct of a sexual nature that was unwanted and impaired dignity, contrary to the Code of Good Practice on the Prevention and Elimination of Harassment.

First-offence sanction guideline: Proven sexual harassment ordinarily justifies dismissal even for a first offence because of its seriousness and the employer's duty to protect employees. Handle the complainant's evidence sensitively and confidentially.

CCMA procedural fairness checklist

Take the complaint seriously and protect the complainant from retaliation
Appoint an impartial, trained chairperson
Keep the process confidential and support both parties
Document specific incidents, dates, words and witnesses
Consider separation of the parties pending the hearing

Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.

Standard charge formulation

It is alleged that on or about [DATE], at [LOCATION], you sexually harassed [COMPLAINANT] in that you [CONDUCT], conduct of a sexual nature that was unwanted and impaired dignity, contrary to the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.

Statutory guidance

Statutory reference	Employment Equity Act 55 of 1998; Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace; LRA 66 of 1995.
First-offence sanction guideline	Proven sexual harassment ordinarily justifies dismissal even for a first offence because of its seriousness and the employer's duty to protect employees. Handle the complainant's evidence sensitively and confidentially.
Category	Misconduct

CCMA procedural fairness checklist

Take the complaint seriously and protect the complainant from retaliation
Appoint an impartial, trained chairperson
Keep the process confidential and support both parties
Document specific incidents, dates, words and witnesses
Consider separation of the parties pending the hearing

Frequently asked questions

Is dismissal fair for a first sexual harassment offence?: Yes, proven sexual harassment is serious enough to justify dismissal for a first offence in most cases.
What if the complainant does not want a formal hearing?: The employer still has a legal duty to investigate and act; the complainant's wishes should be considered but do not remove the duty.